Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 406 -- Dishonour of cheque - Transfer of case - Case pending at Ludhiana - Accused living in Delhi - Accused suffering from heart ailment and having problem in both kidneys - Doctor performing dialysis twice in a week - Case transferred from Ludhiana to Delhi...........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 259 -- Dishonour of cheque - There is no impediment to convert a case from summons case to warrant case for offence u/s 138 of the Act either before commencement of trial or even after trial has commenced...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - All the ingredients which constitute the offence u/s 138 of the Act have to be spelled out by the complainant to sustain the charge...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - Presumption is in favour of the holder of the cheque that the cheque was issued by the drawer in discharge of full or part of the existing debt or legal liability - However, this presumption is rebuttable - Accused is required to be given full opportunity to rebut..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - Only the power of attorney, agent or a person authroised in writing by the payee or holder in due course of the cheque, is a competent person to present the complaint - Demand notice issued and complaint filed by a person describing himself as proprietor of firm, when in fact he is..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint filed by Manager of firm in his personal capacity - Manager or authorized representative can file complaint on behalf of the payee or the holder in due course but cannot file complaint in his personal capacity - A persona can be authorized to initiate criminal prosecution on behalf of the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Offence under NDPS Act - Besides giving an opportunity to the Public Prosecutor to oppose the application for bail, the other conditions are (i) the satisfaction of the Court that there are reasonable grounds for believing that the accused is not guilty of the alleged offence; and (ii) that he is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Offence under NDPS Act - Court granted bail on the ground (i) that nothing has been found from the possession of the accused; (ii) accused is in jail for the last three years and (iii) there is no chance of his appeal being heard within a period of seven years - Bail granted on such grounds is not..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Company - Petitioner arrayed as a party on account of some misunderstanding - Complainant having no objection if complaint against petitioner is quashed - Complaint qua petitioner quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Received back with postal endorsement `Refused' - No signature of any of the witness before whom the accused refused to take the notice - Postal peon not examined - Service of notice not proved - Acquittal upheld...........
